James Ritchie Will

James Ritchie Will 1867

№ 4724, Will and Codicil 17 Folios
Made 25 Sep 1867 Died 2 Oct 1867 at Seaview House
Probated 5 Dec 1867 Antrim Road, Belfast, County Antrim

This is the last and only will and testament of me James Ritchie of Seaview House, Belfast in the County of Antrim, Merchant. I leave and bequeath to my wife Margaret the sum of two pounds and also any furniture plate or plated ware which may have belonged to herself and which she may have brought to my house and which may be there at the time of my death and I declare that any money which may be in Bank or otherwise invested in her own name is her own separate property for her own separate use and under her own control. I leave and bequeath to my said wife and also to my daughter Sarah Pretty jointly the use and occupation free of rent (but they paying the ~~and~~ taxes)* of my said house of Seaview and the offices garden and land

* initialled underlined and obliterated in original appurtenant

thereto and of the residue of my furniture plate and plated ware linen glass china and household chattels and one cow to be held and enjoyed by them during their joint lives. And if my said daughter shall die in the life time of my said wife then my said wife to be entitled to the use and occupation thereof for her life. And on the death of my said wife I leave and bequeath all such furniture plate and plated ware linen glass china household chattels and cow aforesaid (except my book case chest set of drawers and bedstead which I leave to my son Thomas) to my said daughter her executors or administrators for her and their own absolute use and benefit.

I leave devise and bequeath to the Reverend John Scott Porter of Belfast Presbyterian Minister and to my said son Thomas and the survivor of them and the heirs of such survivor a perpetual annuity of two hundred pounds which I charge on my said house and lands of Seaview and also on the field which I hold under the Representatives of Robert Thomson upon trust from and after the decease of my said wife Margaret if my daughter Sarah shall be then living to pay the same to or otherwise to permit her or suffer her to receive and take same for her own benefit during the term of her natural life same to be paid and payable by two equal half yearly payments on every first day of May and first day of November in every year the first payment thereof to be made on whichever of said days shall first happen after the decease of my said wife and to be free from any marital debts or control but so that my said daughter shall have no power to sell incumber or anticipate same.

And in case the said Sarah Pretty shall die leaving any other issue than her present daughter her surviving then upon trust for all her children or issue or any one or more of them to the exclusion of the others or other of them in such parts shares and proportions and in such manner in all respects as the said Sarah Pretty shall by any deed will or codicil to be executed by her direct limit and appoint and in default of or for want of any such appointment then upon trust for all such children or issue and if more than one in equal shares and proportions as tenants in common and if but one the whole to such one and to their his and her respective heirs and assigns for ever.

But in case the said Sarah Pretty shall die leaving her daughter the said Anne Ritchie Pretty her only issue surviving then upon trust to pay the same to or otherwise so in original permit or suffer her to receive and take said annuity for her own use and benefit during the term of her natural life same to be for her sole and separate use and to be free from any marital debts or control and so as that she shall not have power to sell encumber or anticipate same and in case my said granddaughter shall die leaving any child or children or other issue her surviving then upon trust for such issue or any one or more of them to the exclusion of the others or other of them in such shares parts and proportions as she shall by any deed will or codicil to be excluded by her direct limit and appoint.

And in default of or for want of any such appointment then upon trust for such issue and if more than one in equal shares and proportions as tenants in common and if but one the whole to such one and to their his or her respective heirs executors administrators or assigns. But in case my said daughter shall die without leaving any issue her surviving or that all her issue shall fail then I direct said annuity to suite and merge into and for the benefit of the property on which same is made chargeable as aforesaid. And I hereby declare that in case any gale (?) of the said annuity of two hundred pounds shall be at any time in arrears for the space of twenty one days next after either of the said half yearly days of payment thereof it shall be lawful for the person or persons entitled for the time being to said annuity to enter and distrain on the lands charged therewith as aforesaid for the said arrears and all costs and expenses attending such distress in the same manner as landlords may do for rent in arrears.

And I hereby further declare that in case the said annuity of two hundred pounds or any part thereof shall at any time or times be unpaid by the space of sixty days next after either of the days hereinbefore appointed for the payment thereof then and in every such case it shall be lawful for the person or persons for the time being entitled to said annuity (although there shall not have been any legal demand made thereof) to enter upon and hold the said hereditaments so as aforesaid charged therewith and to receive the rents and profits thereof for his or their own use until he she or they shall thereby or therewith or otherwise be fully satisfied. The said arrears due at the time of such entry or afterwards to become due during his her or their being in possession of the same premises together with all expenses which he she or they shall sustain by reason of the non-payment thereof and such possession when taken to be without impeachment of waste.

And as to all the rest residue and remainder of my property of what nature or kind so ever (but subject nevertheless to the payment of any debts I may owe and my funeral and testamentary expenses) I leave and devise same to my said son Thomas Ritchie and to his heirs executors or administrators according to the nature and quality thereof for his and their own use and benefit. And I appoint the said Reverend John Scott Porter my said son Thomas and my said daughter Sarah Pretty my executors. In witness whereof I have hereunto affixed my seal and subscribed my name this twenty fifth day of September one thousand eight hundred and sixty seven.

Signed sealed published and declared Jas. Ritchie by the said Testator James Ritchie as and for his last and only Will and Testament in the joint presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, the words "the said" on the second page having been first struck out. Alex Lockhart Sol Belfast Wm Cairns [Cairus?]

This is a codicil to my foregoing will. I leave and bequeath to my son Thomas my watch and I leave and bequeath to my daughter Sarah the oil painting which I have of myself also my heifer which I intend for her daughter and save as altered hereby I confirm my will in all other respects. In witness whereof I have hereunto subscribed my name this twenty fifth day of September one thousand eight hundred and sixty seven. Signed published and declared by the said Jas. Ritchie testator James Ritchie as and for a Codicil to his foregoing will in the joint presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our own names as witnesses. Alex Lockhart Sol Belfast Wm Cairns

The last Will and Testament with one Codicil of James Ritchie late of Seaview House, Antrim Road, Belfast were proved in common form of Law and Probate thereof granted by Her Majesty's Court of Probate in Ireland in the District Registry at Belfast to Sarah Pretty (wife of Edward James Pretty of Seaview House, Antrim Road, Belfast aforesaid Esquire), a daughter of said deceased and the Executrix named in the said Will − her being just sworn − power being reserved to make the like grant to the Reverend John Scott Porter and Thomas Ritchie the Executors named in the said will when they or either of them shall apply for the same. Extracted by Crawford and Lockhart Dated the Fifth day of December 1867 Solicitors Belfast M. Higginson Dist. Reg.

Transcribed from the Belfast District Will Books including the counties of Antrim and Down, 1856-1872 (12 microfilm reels), from a copy in LDS film № 917,968, Will Books L-Z 10 Apr 1867 to 22 Oct 1869, pp. 227-230.